RESTORING FIREARM RIGHTS FOR NON-VIOLENT FELONS — SUPPORT HB2759

Overview:

HB 2759 by Rep. Virdell amends Section 46.04 of the Texas Penal Code to refine firearm possession restrictions by ensuring that only individuals convicted of violent felonies or serious public safety offenses remain prohibited from firearm possession. The Bill maintains current Texas Law on violent and dangerous felons.

Key Points:

1. Protects Public Safety by Keeping Firearms Away from Violent Felons

• HB 2759 does not change current Texas law and firearm restrictions for individuals convicted of violent felonies or serious crimes such as crimes involving the use or threat of force and specifically outlines disqualifying offenses such as: (1) Title 5 – Offenses Against The Person; (2) 25.02 – Prohibited Sexual Conduct; (3) 25.04 – Enticing a Child; (4) 25.08 – Sale or Purchase of a Child; (5) 28.02 – Arson; (6) Chapter 29 – Robbery Offenses; (7) 30.02 – Burglary; (8) 42.02 – Riot; (9) 42.072 – Stalking; (10)  42.09 – Cruelty To Livestock Animals; (11) 42.091 – Attack On Assistance Animal; (12) 42.092 – Cruelty To Nonlivestock Animals; (13) 42.10 – Dog Fighting; (14) 42.105 – Cockfighting; (15) 43.05 – Compelling Prostitution; (16) 43.25 – Sexual Performance by a Child; (17) 43.251 – Employment Harmful to Children.

2. Restores Firearm Rights for Non-Violent Felons

• Many Texans with non-violent felony convictions have served their time and successfully re-entered society but remain permanently banned from possessing firearms. HB 2759 allows non-violent felons to regain firearm rights following release from confinement or supervision.
• Why It Matters: This ensures that law-abiding, rehabilitated individuals can exercise their right to self-defense while maintaining restrictions in public space for violent felons.

3. Corrects Imbalance Between Violent and Non-Violent Felonies

• Problem: Current Texas law treats all felonies the same, imposing lifetime firearm restrictions on individuals convicted of non-violent offenses.
• Solution: HB 2759 corrects this by distinguishing between violent and non-violent felonies, ensuring that only truly dangerous individuals remain prohibited from firearm possession.

Legislative Fix:

• Amends Texas Penal Code §46.04 to lift firearm restrictions only for non-violent felons and keeps restrictions in place for violent criminals and serious public safety threats.

Call to Action:

Texans with non-violent felony records who have served their time and pose no public safety threat should not face a lifetime firearm ban. HB 2759 maintains strong restrictions on violent offenders while allowing non-violent individuals a second chance. Tell your lawmakers to support HB 2759 for a fair and balanced approach to firearm possession laws in Texas.